Trade unions in South Africa have a history dating back to the 1880s. From the beginning unions could be viewed as a reflection of the racial disunity of the country, with the earliest unions being predominantly for white workers.[2] Through the turbulent years of 1948-1991 trade unions played an important part in developing political and economic resistance, and eventually were one of the driving forces in realising the transition to an inclusive democratic government.

By 1954 SATLC was disbanded, and with the formation of the Trade Council of South Africa (TUCSA) union membership included white, coloured, and Asians, with blacks in dependent organizations. Independent black unions were excluded from affiliation and 14 previous unions from SATLC founded the South African Congress of Trade Unions (SACTU). SACTU merged with the Council of Non-European Trade Unions and became the trade union arm of the ANC. The union grew to a membership of 53,000 by 1961, but was driven underground, and for a decade black unionism was again virtually silenced in South Africa.

What was to become one of the largest unions in South Africa, the National Union of Mineworkers (NUM) was created in 1982, and was deeply involved in the political conflict against the ruling National Party. The union embraced four "pillars" of action - armed struggle, mass mobilisation (ungovernability), international solidarity, and underground operation.[5]

The largest strike up to that date in South Africa's history took place on 1 May 1986, when 1.5 million black workers "stayed away" in a demand for recognition of an official May Day holiday. In the following June up to 200 trade union officials, including Elijah Barayi and Jay Naidoo of the COSATU, and Phiroshaw Camay, the general secretary of the CUSA, were reported to be arrested under a renewed state of emergency.

In 1988 a new Labour Relations Act placed restrictions on labour activities, including giving the Labour Court the power to ban lawful strikes and lock-outs. This was to be short-lived, and negotiations between COSATU, NACTU and the South African Committee on Labour Affairs (SACCOLA) eventually produced a 1991 amendment which effectively repealed the previous powers.

In 1990 SACTU, which had continued underground activities from exile, dissolved and advised its members to join COSATU. COSATU, as a member of the Tripartite alliance with the ANC and SACP, provided material support in the form of strikes and both political and economic unrest, which eventually led to the displacement of the National Party, and the majority victory of the ANC in the 1994 political elections.

With the creation of the Federation of Unions of South Africa (FEDUSA) from the merger of the Federation of South African Labour Unions (FEDSAL) and several smaller unions in 1997, the three main union organizations were established. COSATU, with a membership of 1.8 million, is followed by FEDUSA with 560,000 members and NACTU with almost 400,000 members including the powerful mineworkers union. All three are affiliated with the International Trade Union Confederation.

"Serious violations were reported during the year, including the death of two workers killed by their employer in a wage dispute, and a striking farm worker killed by security guards. Protest strikes and demonstrations met with violent repression, such as the use of rubber bullets, which in the case of striking truck drivers, led to injuries."[8]

South Africa has one of the largest incidence of HIV/AIDS in the world, with a 2005 estimate of 5.5 million people living with HIV — 12.4% of the population.[9][10] The trade union movement has taken a role in combating this pandemic. COSATU is a key partner in the Treatment Action Campaign (TAC), a registered charity and political force working to educate and promote understanding about HIV/AIDS, and to prevent new infections, as well as push for greater access to antiretrovirals. COSATU passed a resolution in 1998 to campaign for treatment. "It was clear to the labour movement at that time that its lowest paid members were dying because they couldn’t afford medicines," says Theodora Steel, Campaigns Coordinator at COSATU. "We saw TAC as a natural ally in a campaign for treatment. We passed a formal resolution at our congress to assist and build TAC."[11]

Notwithstanding the formal alliance of COSATU with the ruling ANC party, it has been at odds with the government, calling for the roll-out of comprehensive public access to antiretroviral drugs.[12]

The Labour Relations Act was passed in 1995, and subsequently experienced major amendments in 1996,[13] 1998[14] and 2002.[15] Its stated purpose is to "give effect to section 27 of the Constitution" by regulating organisational rights of trade unions, promoting collective bargaining, regulating the right to strike and the recourse to lockouts, as well as providing mechanisms for dispute resolution and the establishment of Labour Court and Labour Appeal Court as superior courts, "with exclusive jurisdiction to decide matters arising from the Act". The act also addresses employee participation in decision-making, and international law obligations in respect to labour relations.[16]

Bargaining councils are formed by registered trade unions and employers’ organisations. They deal with collective agreements, attempt to solve labour disputes, and make proposals on labour policies and laws. As well, they may administer pension funds, sick pay, unemployment and training schemes, and other such benefits for their members.[17] The Amended Labour Relations Act also notes that these councils are to "extend the services and functions of the bargaining council to workers in the informal sector and home workers."

Agency Shop Agreements are struck by a majority trade union (either one union, or a coalition of unions representing the majority of workers employed) and an employer or employers' organisation. This agreement requires employers to deduct a fee from the wages of non-union workers to "ensure that non-union workers, who benefit from the union’s bargaining efforts, make a contribution towards those efforts".[18]

Permission from the employee is not required for deductions to be assessed. However, if the employee is a conscientious objector, that is refuses membership in a trade union on the grounds of conscience, she or he may request that their fees are paid to a fund administered by the Department of Labour.

Closed shop agreements, which require all zodwa workers in the covered workplace to join unions, can be struck if 2 thirds of the workers have voted in favour of the agreement. Workers must join the union or face dismissal. In addition, "if a union expels a member or refuses to allow a new worker to become a union member , and if this expulsion or refusal is in accordance with the union’s constitution or is for a fair reason, then the employer will have to dismiss the worker. This dismissal is not considered unfair."[19] Conscientious objectors may not be dismissed for refusing to join the union.

Restrictions on closed shops include the requirement that workers are not compelled to be trade union members before obtaining employment, and that dues collected from employees are only used to "advance or protect the socio-economic interests of workers."